Blueberry Promotion, Research, and Information Order; Section 610 Review, 11939-11940 [2011-4808]
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrderSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect, and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2011 fiscal year began
on January 1, 2011, and the marketing
order requires that the rate of
assessment for each fiscal year apply to
all assessable olives handled during
such fiscal year; (2) this action decreases
the assessment rate for assessable olives
beginning with the 2011 fiscal year;
(3) handlers are aware of this action,
which was unanimously recommended
at a public meeting, and is similar to
other assessment rate actions issued in
past years; and (4) this interim rule
provides a 60-day comment period, and
all comments timely received will be
considered prior to finalization of this
rule.
List of Subjects in 7 CFR Part 932
Olives, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 932 is amended as
follows:
jdjones on DSK8KYBLC1PROD with RULES2
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 932 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
■
VerDate Mar<15>2010
13:26 Mar 03, 2011
Jkt 223001
§ 932.230
Assessment rate.
On and after January 1, 2011, an
assessment rate of $16.61 per ton is
established for California olives.
Dated: February 25, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–4807 Filed 3–3–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Document Number AMS–FV–10–0006]
Blueberry Promotion, Research, and
Information Order; Section 610 Review
Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
AGENCY:
This document summarizes
the results of an Agricultural Marketing
Service (AMS) review of the Blueberry
Promotion, Research, and Information
Order (Order) under the criteria
contained in Section 610 of the
Regulatory Flexibility Act (RFA). Based
upon its review, AMS concluded that
there is a continued need for the order.
ADDRESSES: Interested persons may
obtain a copy of the review on the
Internet at: https://www.regulations.gov
or requests for copies can be sent to the
Docket Clerk, Research and Promotion
Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S.
Department of Agriculture,
(Department) Room 0632–S, Stop 0244,
1400 Independence Avenue, SW.,
Washington, DC 20250–0244; facsimile:
(202) 205–2800 or electronic mail:
Jeanette.Palmer@ams.usda.gov.
FOR FURTHER INFORMATION CONTACT:
Jeanette Palmer, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
Stop 0244, 1400 Independence Avenue,
SW., Room 0632–S, Washington, DC
20250–0244; telephone: (888) 720–9917;
facsimile: (202) 205–2800; or electronic
mail: Jeanette.Palmer@ams.usda.gov.
SUPPLEMENTARY INFORMATION: The
Blueberry Promotion, Research and
Information Order (7 CFR part 1218) is
authorized under the Commodity
Promotion, Research, and Information
Act of 1996 (Act) [7 U.S.C. 7411–7425].
The Order became effective on August
16, 2000 [65 FR 43961]. The Order is
administered by the U.S. Highbush
Blueberry Council (Council) with
oversight by the Department of
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
11939
Agriculture (Department). The program
is funded by assessments on highbush
(cultivated) blueberries grown in and
imported into the United States.
Producers and importers pay the
assessment. The producer assessment is
remitted by first handlers, and the
importer assessment is remitted by the
U.S. Customs and Border Protection.
Producers and importers who produce
or import less than 2,000 pounds of
highbush blueberries annually are
exempt from the program. The purpose
of the Order is to finance a coordinated
program of promotion, research, and
information to maintain and expand the
market for fresh and processed
cultivated blueberries in the United
States and abroad.
The Council is composed of 16
members as follows: 10 producers (one
from each of four regions and one from
each of the top six producing states); 3
importers; 1 exporter from a foreign
production area; 1 handler; and 1 public
member. Each member has an alternate.
The members and alternates are
appointed to the Council by the
Secretary of Agriculture and serve a
term of 3 years.
There are approximately 2,000
producers, 200 first handlers, 50
importers, and 4 exporters who are
subject to the provisions of the Order.
The majority of the blueberry producers
covered by the Order may be classified
as small entities. Most importers, first
handlers, and exporters would not be
classified as small businesses.
AMS published in the Federal
Register on March 24, 2006 [71 FR
14827], its plan to review certain
regulations, including the Blueberry
Order under criteria contained in
section 610 of the RFA [5 U.S.C. 601–
612]. Because many AMS regulations
impact small entities, AMS decided, as
a matter of policy, to review certain
regulations which, although they may
not meet the threshold requirement
under section 610 of the RFA, warrant
review.
AMS published a notice of review and
request for written comments in the
Federal Register on February 23, 2010
[75 FR 7986]. Twenty comments were
received by the April 26, 2010,
deadline.
The review was undertaken to
determine whether the Order should be
continued without change, amended, or
rescinded (consistent with the
objectives of the Act) to minimize the
impacts on small entities. AMS
considered the following factors: (1) The
continued need for the Order; (2)
comments received from the public
concerning the Order; (3) the
complexity of the Order; (4) the extent
E:\FR\FM\04MRR1.SGM
04MRR1
jdjones on DSK8KYBLC1PROD with RULES2
11940
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
to which the Order overlaps, duplicates,
or conflicts with other Federal rules,
and, to the extent feasible, with State
and local regulations; and (5) the length
of time since the Order has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the Order.
Based on its review, the Department
has concluded that there is a continued
need for the Order. According to the
Council’s World Blueberry Acreage and
Production Report, highbush blueberry
acreage in North America increased
from 71,075 acres in 2005 to an
estimated 95,607 acres in 2008, a 35
percent increase in just three years. The
United States share of this total
increased from 56,665 acres in 2005 to
74,992 acres in 2008, a 32 percent
increase. Highbush blueberry
production volume is expected to
increase significantly in the coming
years.
Regarding the nature of complaints or
comments received from the public
concerning the Order, as previously
mentioned twenty comments were
received. They are discussed in the
following paragraphs. One commenter
opposed the program stating that
government funds should not be used to
market blueberries. However, the
blueberry program is funded by
producers and importers of blueberries.
The program is developed by the
industry to expand the markets for
blueberries in the United States.
Nineteen commenters supported the
program and considered it to be
effective in promoting blueberries. All
the commenters stated that the program
is needed to increase blueberry
consumption due to increase blueberry
production.
One commenter stated that investing
in promotion now to build a future is
necessary even in poor economic
conditions. Twelve commenters in favor
of the program stated that further
research of blueberries is needed to stay
competitive in a global industry. Six
commenters stated the program is
needed to develop health claims for
blueberries.
One commenter who supports the
program stated that the ability for
growers from different production areas
to work together in an effort to increase
consumption through product research
and marketing programs has proven
effective for many other crops.
Ten commenters stated that the
assessment dollars are collected fairly
from all U.S. production and imports
and the Council utilizes the funds in a
cost effective manner.
VerDate Mar<15>2010
13:26 Mar 03, 2011
Jkt 223001
AMS provides Federal oversight of
the blueberry program. The Order is not
unduly complex, and AMS has not
identified any Federal rules, or State
and local regulations that duplicate,
overlap, or conflict with the Order. Over
the years, regulatory changes have been
made to address industry operation
changes and to improve program
administration.
Regarding evaluations of the program
or the degree to which technology,
economic conditions, or other factors
have changed in the area affected by the
Order, section 512 (a)(6) of the Act and
section 1218.55 of the Order require the
Council to evaluate the program and to
comply with the independent
evaluation provision of the Federal
Agricultural Improvement and Reform
Act of 1996 (FAIR) [7 U.S.C. 7201]. The
goal of these evaluations is to assure
that the Order and the regulations
implemented under it fit the needs of
the industry and are consistent with the
Act. The Council conducted an
evaluation of the program under the
FAIR in 2006. This evaluation, ‘‘An
Economic Analysis of Domestic Market
Impacts of the U.S. Highbush Blueberry
Council,’’ concluded that the
promotional spending by the Council
clearly had a positive effect on demand.
The next evaluation is scheduled to be
conducted late in 2011.
Based upon its review, AMS has
determined that the Order should be
continued. AMS plans to continue
working with the blueberry industry in
maintaining an effective program.
Dated: February 25, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–4808 Filed 3–3–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0141; Directorate
Identifier 2011–NE–06–AD; Amendment 39–
16617; AD 2011–05–08]
RIN 2120–AA64
Airworthiness Directives; Turbomeca
Model Arriel 1E2, 1S, and 1S1
Turboshaft Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
This action supersedes
emergency airworthiness directive (AD)
2011–05–51 that was sent previously to
all known U.S. owners and operators of
the products listed above. That AD
requires inspecting the fuel ejector in
the body of the fuel ejector assembly for
proper installation by checking that the
circlip is properly seated in its groove.
That AD was prompted by three reports
of incorrectly assembled low-pressure
fuel system ejectors; with one of them
resulting in an uncommanded engine
in-flight shutdown. This AD requires
the same actions and compliance times
as the emergency AD, after receipt of the
emergency AD, and expands the AD
applicability by including helicopters
having one or two affected engines and
experiencing no starting difficulties.
This AD results from mandatory
continuing airworthiness information
(MCAI) issued by an aviation authority
of another country to identify and
correct an unsafe condition on an
aviation product. The MCAI describes
the unsafe condition as:
SUMMARY:
In October 2009, Turbomeca issued SB
[Service Bulletin] No. 292 73 0826, Version
A that instructed operators to check the
effectiveness of the bonding of the ejector jet
installed on the low-pressure fuel system
between the tank and the high-pressure fuel
pump.
So far, Turbomeca have been informed of
three discrepancies with the reassembly of
the ejector following a maintenance
procedure performed during accomplishment
of Turbomeca SB No. 292 73 0826, Version
A.
In all three cases, the discrepancies led to
a ‘‘one-off’’ abnormal evolution of gas
generator (NG) rating during engine starting.
In one of these cases, this resulted in an
uncommanded in-flight shutdown, during a
cruising phase at 8,000 feet.
We are issuing this AD to prevent
uncommanded engine in-flight
shutdown of one or both engines in a
two-engine helicopter and an emergency
autorotation landing or accident.
DATES: This AD becomes effective
March 9, 2011.
We must receive comments on this
AD by April 4, 2011.
The Director of the Federal Register
approved the incorporation by reference
of Turbomeca Mandatory Service
Bulletin (MSB) No. A292 73 0834,
Version B, dated February 8, 2011,
listed in the AD as of March 9, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: U.S. Department of
Transportation, 1200 New Jersey
E:\FR\FM\04MRR1.SGM
04MRR1
]]>Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11939-11940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4808]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1218
[Document Number AMS-FV-10-0006]
Blueberry Promotion, Research, and Information Order; Section 610
Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the results of an Agricultural
Marketing Service (AMS) review of the Blueberry Promotion, Research,
and Information Order (Order) under the criteria contained in Section
610 of the Regulatory Flexibility Act (RFA). Based upon its review, AMS
concluded that there is a continued need for the order.
ADDRESSES: Interested persons may obtain a copy of the review on the
Internet at: https://www.regulations.gov or requests for copies can be
sent to the Docket Clerk, Research and Promotion Branch, Fruit and
Vegetable Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, (Department) Room 0632-S, Stop 0244, 1400 Independence
Avenue, SW., Washington, DC 20250-0244; facsimile: (202) 205-2800 or
electronic mail: Jeanette.Palmer@ams.usda.gov.
FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist,
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA,
Stop 0244, 1400 Independence Avenue, SW., Room 0632-S, Washington, DC
20250-0244; telephone: (888) 720-9917; facsimile: (202) 205-2800; or
electronic mail: Jeanette.Palmer@ams.usda.gov.
SUPPLEMENTARY INFORMATION: The Blueberry Promotion, Research and
Information Order (7 CFR part 1218) is authorized under the Commodity
Promotion, Research, and Information Act of 1996 (Act) [7 U.S.C. 7411-
7425].
The Order became effective on August 16, 2000 [65 FR 43961]. The
Order is administered by the U.S. Highbush Blueberry Council (Council)
with oversight by the Department of Agriculture (Department). The
program is funded by assessments on highbush (cultivated) blueberries
grown in and imported into the United States. Producers and importers
pay the assessment. The producer assessment is remitted by first
handlers, and the importer assessment is remitted by the U.S. Customs
and Border Protection. Producers and importers who produce or import
less than 2,000 pounds of highbush blueberries annually are exempt from
the program. The purpose of the Order is to finance a coordinated
program of promotion, research, and information to maintain and expand
the market for fresh and processed cultivated blueberries in the United
States and abroad.
The Council is composed of 16 members as follows: 10 producers (one
from each of four regions and one from each of the top six producing
states); 3 importers; 1 exporter from a foreign production area; 1
handler; and 1 public member. Each member has an alternate. The members
and alternates are appointed to the Council by the Secretary of
Agriculture and serve a term of 3 years.
There are approximately 2,000 producers, 200 first handlers, 50
importers, and 4 exporters who are subject to the provisions of the
Order. The majority of the blueberry producers covered by the Order may
be classified as small entities. Most importers, first handlers, and
exporters would not be classified as small businesses.
AMS published in the Federal Register on March 24, 2006 [71 FR
14827], its plan to review certain regulations, including the Blueberry
Order under criteria contained in section 610 of the RFA [5 U.S.C. 601-
612]. Because many AMS regulations impact small entities, AMS decided,
as a matter of policy, to review certain regulations which, although
they may not meet the threshold requirement under section 610 of the
RFA, warrant review.
AMS published a notice of review and request for written comments
in the Federal Register on February 23, 2010 [75 FR 7986]. Twenty
comments were received by the April 26, 2010, deadline.
The review was undertaken to determine whether the Order should be
continued without change, amended, or rescinded (consistent with the
objectives of the Act) to minimize the impacts on small entities. AMS
considered the following factors: (1) The continued need for the Order;
(2) comments received from the public concerning the Order; (3) the
complexity of the Order; (4) the extent
[[Page 11940]]
to which the Order overlaps, duplicates, or conflicts with other
Federal rules, and, to the extent feasible, with State and local
regulations; and (5) the length of time since the Order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the Order.
Based on its review, the Department has concluded that there is a
continued need for the Order. According to the Council's World
Blueberry Acreage and Production Report, highbush blueberry acreage in
North America increased from 71,075 acres in 2005 to an estimated
95,607 acres in 2008, a 35 percent increase in just three years. The
United States share of this total increased from 56,665 acres in 2005
to 74,992 acres in 2008, a 32 percent increase. Highbush blueberry
production volume is expected to increase significantly in the coming
years.
Regarding the nature of complaints or comments received from the
public concerning the Order, as previously mentioned twenty comments
were received. They are discussed in the following paragraphs. One
commenter opposed the program stating that government funds should not
be used to market blueberries. However, the blueberry program is funded
by producers and importers of blueberries. The program is developed by
the industry to expand the markets for blueberries in the United
States.
Nineteen commenters supported the program and considered it to be
effective in promoting blueberries. All the commenters stated that the
program is needed to increase blueberry consumption due to increase
blueberry production.
One commenter stated that investing in promotion now to build a
future is necessary even in poor economic conditions. Twelve commenters
in favor of the program stated that further research of blueberries is
needed to stay competitive in a global industry. Six commenters stated
the program is needed to develop health claims for blueberries.
One commenter who supports the program stated that the ability for
growers from different production areas to work together in an effort
to increase consumption through product research and marketing programs
has proven effective for many other crops.
Ten commenters stated that the assessment dollars are collected
fairly from all U.S. production and imports and the Council utilizes
the funds in a cost effective manner.
AMS provides Federal oversight of the blueberry program. The Order
is not unduly complex, and AMS has not identified any Federal rules, or
State and local regulations that duplicate, overlap, or conflict with
the Order. Over the years, regulatory changes have been made to address
industry operation changes and to improve program administration.
Regarding evaluations of the program or the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the Order, section 512 (a)(6) of the Act and section
1218.55 of the Order require the Council to evaluate the program and to
comply with the independent evaluation provision of the Federal
Agricultural Improvement and Reform Act of 1996 (FAIR) [7 U.S.C. 7201].
The goal of these evaluations is to assure that the Order and the
regulations implemented under it fit the needs of the industry and are
consistent with the Act. The Council conducted an evaluation of the
program under the FAIR in 2006. This evaluation, ``An Economic Analysis
of Domestic Market Impacts of the U.S. Highbush Blueberry Council,''
concluded that the promotional spending by the Council clearly had a
positive effect on demand. The next evaluation is scheduled to be
conducted late in 2011.
Based upon its review, AMS has determined that the Order should be
continued. AMS plans to continue working with the blueberry industry in
maintaining an effective program.
Dated: February 25, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-4808 Filed 3-3-11; 8:45 am]
BILLING CODE 3410-02-P
